26 Amendments of Eva KAILI related to 2016/0402(COD)
Amendment 16 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. The Services Directive also stresses that it is important to achieve an internal market for services, with the right balance between market opening and preserving public services and social and consumer rights. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 18 #
Proposal for a directive
Recital 5
Recital 5
(5) Cross-border trade and cross-border investment in csertain business and construction services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has notvices could be further enhanced and there is a potential for better integration of services markets. The potential for more growth and jobs in the Single Market should be fully exploited, while at the same time high standards for consumers and workers should be maintained, and fair competition and a level playing field for companies should be en fully exploitsured.
Amendment 19 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 20 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive respects the different labour market models of the Member States, including labour market models regulated by collective agreements.
Amendment 27 #
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by two additional weeks should ensure that the host Member State has the appropriate time and means to consider applications for a European services e- card. A lack of information from the host Member State on applicable requirements should also not impede automatic issue of a European services e-card.
Amendment 29 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC limited period.
Amendment 32 #
Proposal for a directive
Recital 47
Recital 47
(47) The application of this Directive should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, particularly in relation to service providers, on consumer perception regarding such providers, particularly those holding a European services e-card, and on competition, prices and quality of services and on workers’ rights. The effects of the provisions contained in this Directive should be evaluated regularly, in particular in order to assess whether it would be appropriate to introduce a European services e-card for other service activities. This monitoring will take place in cooperation with Member States, social partners and other relevant stakeholders.
Amendment 35 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to fundamental rights of workers, including trade union rights and the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU.
Amendment 36 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Directive shall not in any way affect a Member State’s right to assess whether a company is established in its territory
Amendment 39 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A European services e-card for temporary cross-border provision of services conc, as regards the service activities coverned by that e-card, shall be valid throughout the territory of the host Member State.
Amendment 40 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration period of 18 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.
Amendment 45 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Providers of service activities that have not been economically active in the home Member State for more than six months shall not be eligible for a European services e-card.
Amendment 46 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.
Amendment 47 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onefour weeks of having received an application for a European services e-card:
Amendment 48 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twofour weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 50 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 a (new)
Article 12 – paragraph 1 – subparagraph 1 a (new)
A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.
Amendment 51 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by twofour additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that there is ano objection to the issue of the European services e-card to the applicant.
Amendment 53 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicarejected toby the hostme Member State in accordance with Article 11(2).
Amendment 54 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by twofour additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that the European services e-card shalls be issued to the applicanten rejected.
Amendment 55 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinating authority of the host Member State shall assess, within onetwo weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 56 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within onetwo weeks, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 57 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within onetwo weeks, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 58 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been issued by the host Member State in the terms communicarejected toby the host Member State in accordance with Article 11(2).
Amendment 59 #
Proposal for a directive
Article 16 – paragraph 3 – point vi a (new)
Article 16 – paragraph 3 – point vi a (new)
(via) does not respect the existing employer obligations or workers’ and trade unions’ rights.
Amendment 60 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor and assess the implementation and impacts of this Directive, in particular on workers’ rights and how it impacts freedom of establishment and freedom to provide services across Member States for the service activities covered, namely by reducing costs for providers, enhancing transparency about providers expanding cross-border and increasing competition, and how it impacts prices and quality of the services concerned, considering relevant indicators.
Amendment 61 #
Proposal for a directive
Annex I – Section F
Annex I – Section F